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On The Review And Confirmation Of Evidence In Civil Litigation

Posted on:2019-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:J H XuFull Text:PDF
GTID:2436330590962596Subject:Law
Abstract/Summary:PDF Full Text Request
The examination and determination of the evidence of civil action is a very important link in civil action.Only through the correct examination and determination of the evidence and the confirmation of the facts of the case can the facts of the case be accurately determined and the correct judgment be made.This article is divided into four chapters to discuss the issue of examining and confirming the evidence of civil action.This paper first discusses the basic theory of evidence verification in civil procedure.In this chapter,the author starts with the relevant concepts of evidence verification in civil procedure,and extends the characteristics of evidence verification,and further introduces the historical evolution and current situation of evidence verification in civil procedure in China.Secondly,this paper puts forward the problems existing in the verification and identification of civil litigation in China,mainly discusses the rules and procedures,and specifically introduces the problems existing in the verification and identification of civil litigation evidence in China.Then,by discussing the historical development of evidence verification and identification principles in western countries,this paper briefly introduces the rules of evidence competence and evidence proving power in western countries,providing a powerful reference for the improvement of evidence identification system in China.Finally,combined with China's judicial reality,this paper puts forward Suggestions to improve China's evidence verification system from three aspects: the perfection of the procedure of evidence verification,the perfection of the rules of evidence verification and the establishment of the party's objection system.For the improvement of the procedure of the verification of evidence,Suggestions are put forward from four aspects: the confirmation mode,the confirmation mode,the disclosure system of the verification of evidence and the improvement of the quality of judges.The perfection of evidence verification rules is realized by increasing the provisions on evidence ability and reducing the provisions on evidence proving power.Finally,the author proposes to set up the objection system of the parties to the verification of evidence to ensure the accuracy of the verification of evidence and improve the efficiency of litigation.
Keywords/Search Tags:Civil evidence, Examination and Determination, Free evaluation of evidence, Evidence Rules
PDF Full Text Request
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